Seema Kumari @ Seema v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3844 of 2023 Arising Out of PS. Case No.-814 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== Seema Kumari @ Seema Daughter of Ram Sudhi Sharma @ Ramsudhi Resident of Village-Sarainiya, P.S.-Chauri Khurd Rayath, Siddharth Nagar, Banshi, District-Uttar Pradesh.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Parshuram Kumar Son of Om Prakash Paswan Resident of VillageKumharar, Mahavirsthan, Imlital, P.S.-Agamkuan, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Jogendra Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2026 None appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellant and the State.

3. This appeal has been filed against the order dated 23.06.2023 passed by learned Special Judge, SC/ST Act, Patna in ABP No. 3968 of 2023 arising out of Agamkuan P.S. Case No. 814 of 2020 registered under Sections 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

4. As per F.I.R., this appellant along with other accused persons abused informant by caste name.

5. Learned counsel for the appellant submits that there

Patna High Court CR. APP (SJ) No.3844 of 2023(4) dt.19-03-2026 2/2 is no allegation of assault against the appellant and present case has been lodged as counter blast of Agamkuan P. S. Case No. 813 of 2022 lodged by the appellant against the informant. It is not the case of informant that alleged incident occurred within public view and as such, no case under SC/ST Act is made out against the informant. Appellant is lady and claims clean antecedent.

6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

7. Considering the aforesaid facts, let the appellant, as named above, in the event of her arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna in ABP No. 3968 of 2023 arising out of Agamkuan P.S. Case No. 814 of 2020.

8. Accordingly, this criminal appeal is allowed and impugned order dated 23.06.2023 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J) Navya/- U T